10
15.
The Court reiterates to the State that Article 1(1) of the Convention establishes
the general obligation of the State Parties to respect the rights and freedoms recognized
therein and to ensure the full and free exercise of those rights and freedoms to all
persons subject to their jurisdiction, not only in relation to the State but also in relation
to third parties. The Court has considered that the State is in a special position as
guarantor of the individuals deprived of their liberty, as the penitentiary authorities
exercise full control over them.4
16.
On the other hand, the State reported, once again in a general manner, that it
provided the posting of a security service for Yuverky Almonte Herrera, Joel Almonte,
Genaro Rincón and Francisco de León Herrera. However, the State did not mention how
this security service works, as requested by the President of the Court in the Order of
March 24, 2010 (supra Having Seen 10, Considering fifteen) or submit any
documentation to allow the Court to verify this information. In spite of the request by the
President of the Court for the State to submit “concrete and detailed information
regarding the provisional measures implemented for each of [the] beneficiaries, so that it
c[ould] be assessed by the Court” (supra Having Seen 10, Considering twenty-two), the
State’s information does not provide elements to verify the effective implementation of
measures for their protection. In addition, as inferred from that Order (supra Having
Seen 10, Considering twenty-one), “[t]he provisional measures must be designed and
implemented with the full participation of the beneficiaries and their representatives,
taking into account their special protection needs in conformity with the specific
circumstances of the matter,” and “[t]he State must assess the concrete risks of each of
the beneficiaries to determine the specific protection mechanisms.” However, the State
did not submit information in this regard.
17.
The Court takes cognizance that Ms. Ana Jose Montilla is outside of the State’s
territory, and that it expressed that “it is most willing” to provide her with a security
service if she decides to return to the country. This agrees with that ordered by the
President of the Court in the Order of March 24, 2010 (supra Having Seen 10, operative
paragraph three).
18.
The information submitted by the Commission demonstrates, prima facie, that the
individuals indicated in the request for provisional measures (supra Having Seen 1) and
in the Order of the President of March 24, 2010 (supra Having Seen 10) are in a situation
of extreme gravity and urgency, given that their lives and humane treatment have been
threatened and are at grave risk. Specifically with regards to Mr. Juan Almonte Herrera,
his right to personal liberty is threatened and under grave risk. Consequently, the InterAmerican Court deems it necessary for these persons to be protected by means of
provisional measures, in light of that established in the American Convention.
19.
The State must take the steps necessary for the provisional measures ruled in the
instant Order to be planned and applied, with the participation of the beneficiaries of
these measures or their representatives, so that these measures are provided promptly
and effectively. The Court notes that the State’s positive participation, and particularly
that of the representatives, is essential to coordinate the implementation of the
provisional measures in the instant matter.
4
Cf. Matter of Capital El Rodeo I & El Rodeo II Judicial Confinement Center. Request for Provisional
Measures regarding Venezuela. Order of the Inter-American Court of Human Rights of February 8, 2008,
Considering eleven, and Matter of Guerrero Larez, supra note 1, Considering thirteen.